New cases recently added to BV Law
S. Muoio & Co., LLC v. Hallmark Entertainment Investments, 2011 WL 863007 (Del. Ch.)(March 9, 2011) Delaware Chancery urges experts to use “robust” “triangular” valuation approach, including DCF, comparable companies, and comparable transactions. Experts: Daniel Schecter and Robert Hamada (plaintiffs); Christopher Lee and Jerry Hausman (defendants) Judge: Chandler State/Jurisdiction: Delaware Court: Court of Chancery Type [...]
Even Ibbotson can be challenged by aggressive defense counsel
Two related cases (Metro Tech Corp. v. TUV Rheinland of N.A., 2010 WL 4117123 (D. Puerto Rico.)(Oct. 18, 2010); and Metro Tech Corp. v. TUV Rheinland of N.A., 2010 WL 4117115 (D. Puerto Rico.)(Oct. 18, 2010)) show how far opposing counsel will go to discredit the testimony of a financial expert. In this case, the [...]
New case digests added to BVLaw
Metro Tech Corp. v. TUV Rheinland of N.A., 2010 WL 4117123 (D. Puerto Rico.)(Oct. 18, 2010); and Metro Tech Corp. v. TUV Rheinland of N.A., 2010 WL 4117115 (D. Puerto Rico.)(Oct. 18, 2010) Court limits damages to breach of contract to those that can be ascertained with reasonable certainty, and qualifies first-time lost profits plaintiff’s [...]
Expert’s discounted cash flow analysis fails Daubert test in Anheuser Busch case
Warren Distributing Co. v. InBev USA, LLC, 2010 WL 2179167 (D. N.J.)(May 28, 2010) In 2006, New Jersey passed the Malt Alcohol Beverage Practices Act—a “watershed moment in the history of brewer-distributor relationships … that led to a new world of rights and inherent value,” according to the federal district court. In particular, the law [...]
Statutory “fair value” guide now available for business and family lawyers
The 2010 update of BVR’s Guide to Fair Value in Shareholder Dissent, Oppression and Marital Dissolution is now available. In addition to the print copy, the guide provides additional online access that includes real time updates to recently published court opinions and case abstracts, new articles, conference presentations, podcasts, news and blog feeds. The Guide [...]
Current securities claims winding down, losing value
In 2009, 7,137 security litigation claims were filed with FINRA, a 43% increase compared with 2008 (4,982 cases filed). Most of the disputes asserted breaches of fiduciary duty, misrepresentation/fraud, negligence, and breach of contract related to common stock and mutual funds. However, cases concerning limited partnerships interests showed a notable spike: 73 filings in 2009 [...]
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